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	<title>Comments on: I guess I should be flattered &#8230;</title>
	<atom:link href="http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/feed/" rel="self" type="application/rss+xml" />
	<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/</link>
	<description>Flash, SWF Studio, and the world around me</description>
	<pubDate>Thu, 29 Jul 2010 15:31:02 +0000</pubDate>
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		<title>By: grumpy</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-6159</link>
		<dc:creator>grumpy</dc:creator>
		<pubDate>Tue, 18 Jul 2006 20:52:12 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-6159</guid>
		<description>It looks like crime doesn't pay. Not very well anyway! The flashprojector site has been shut down for not paying their ISP. Apparently nobody from the company had answered a question in the forums since May. That's twice Jay Cherabi has disappeared and left his users hanging (Flash N' Pack and Flash Projector V2), which ties him with Edwin van Rijkom (SwiffCanvas and ScreenWeaver). Any bets on whether Jay thinks the Flash community is stupid enough to go for one more round?</description>
		<content:encoded><![CDATA[<p>It looks like crime doesn&#8217;t pay. Not very well anyway! The flashprojector site has been shut down for not paying their ISP. Apparently nobody from the company had answered a question in the forums since May. That&#8217;s twice Jay Cherabi has disappeared and left his users hanging (Flash N&#8217; Pack and Flash Projector V2), which ties him with Edwin van Rijkom (SwiffCanvas and ScreenWeaver). Any bets on whether Jay thinks the Flash community is stupid enough to go for one more round?</p>
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		<title>By: Derek Vadneau</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-91</link>
		<dc:creator>Derek Vadneau</dc:creator>
		<pubDate>Sat, 19 Nov 2005 02:20:45 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-91</guid>
		<description>Thanks for the copyright example.

I did admit that the code did not have copyright text and that it was my fault for not doing so.  However, if something doesn't have a copyright statement, it doesn't mean you can or should use it as your own.  Especially if you are using material from a competitor - at the very least it rings of bad taste.

As I stated in my blog entry, if there was not such rampant unethical behaviour with our competitors I probably wouldn't have been so quick to jump on this.  I'm not normally one to go off the handle publicly.</description>
		<content:encoded><![CDATA[<p>Thanks for the copyright example.</p>
<p>I did admit that the code did not have copyright text and that it was my fault for not doing so.  However, if something doesn&#8217;t have a copyright statement, it doesn&#8217;t mean you can or should use it as your own.  Especially if you are using material from a competitor - at the very least it rings of bad taste.</p>
<p>As I stated in my blog entry, if there was not such rampant unethical behaviour with our competitors I probably wouldn&#8217;t have been so quick to jump on this.  I&#8217;m not normally one to go off the handle publicly.</p>
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		<title>By: snookie</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-90</link>
		<dc:creator>snookie</dc:creator>
		<pubDate>Sat, 19 Nov 2005 00:36:47 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-90</guid>
		<description>You posted non-copyrighted code and content on a public site. Yet you never explicitly provided a terms of use, thus you basically gave everyone permission to use it as they please, when you made it public. It's too late to bitch and moan now, live and learn.

Next time you want to maintain a valid rights claim you may try including a licensing statement such as, "Copyright © 2005, YOURNAME.  This content is provided for private educational and evaluation use only. Redistribution in whole or in part or as part of another application commercial or otherwise is strictly prohibited, without the authors expressed written authorization."

You never placed any restrictions on it therefore you have nothing to complain about.  About the only thing you can do now complain, but that doesnt really speak well about your own character.</description>
		<content:encoded><![CDATA[<p>You posted non-copyrighted code and content on a public site. Yet you never explicitly provided a terms of use, thus you basically gave everyone permission to use it as they please, when you made it public. It&#8217;s too late to bitch and moan now, live and learn.</p>
<p>Next time you want to maintain a valid rights claim you may try including a licensing statement such as, &#8220;Copyright © 2005, YOURNAME.  This content is provided for private educational and evaluation use only. Redistribution in whole or in part or as part of another application commercial or otherwise is strictly prohibited, without the authors expressed written authorization.&#8221;</p>
<p>You never placed any restrictions on it therefore you have nothing to complain about.  About the only thing you can do now complain, but that doesnt really speak well about your own character.</p>
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		<title>By: Derek Vadneau</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-77</link>
		<dc:creator>Derek Vadneau</dc:creator>
		<pubDate>Mon, 17 Oct 2005 04:23:18 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-77</guid>
		<description>Hey everyone,

After posting in FP's forums I have been informed by their forum Support that the example on their front page was actually a user-contributed example.  The example was given to them and they asked permission to post it.  Appologies to FlashProjector for misplacing my anger in this regard.

I would like to say that had the example been credited to a user, whether specifically or by indicating that the example(s) is(are) contributed by users, I would have in fact asked FP to remove the example or remove the component from the example.

As it stands I have asked FP to drop in some commented text with my name and site reference.  The other choice is to remove the component.

My fault I guess for not having this kind of text in there in the first place, although nothing would have stopped whomever copied the code from just removing the comments.  Again, if the examples weren't displayed with the implication that FP was creating them then I would either not have written this post, or it would have been targetted at someone else, or as a general rant of the issue.

Perhaps a lesson learned for both of us.</description>
		<content:encoded><![CDATA[<p>Hey everyone,</p>
<p>After posting in FP&#8217;s forums I have been informed by their forum Support that the example on their front page was actually a user-contributed example.  The example was given to them and they asked permission to post it.  Appologies to FlashProjector for misplacing my anger in this regard.</p>
<p>I would like to say that had the example been credited to a user, whether specifically or by indicating that the example(s) is(are) contributed by users, I would have in fact asked FP to remove the example or remove the component from the example.</p>
<p>As it stands I have asked FP to drop in some commented text with my name and site reference.  The other choice is to remove the component.</p>
<p>My fault I guess for not having this kind of text in there in the first place, although nothing would have stopped whomever copied the code from just removing the comments.  Again, if the examples weren&#8217;t displayed with the implication that FP was creating them then I would either not have written this post, or it would have been targetted at someone else, or as a general rant of the issue.</p>
<p>Perhaps a lesson learned for both of us.</p>
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		<title>By: stacey</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-73</link>
		<dc:creator>stacey</dc:creator>
		<pubDate>Thu, 13 Oct 2005 20:25:48 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-73</guid>
		<description>Well isn' that lovely. Do you really need to go to the whole trouble of declaring a CC badge to get credit for your work? Its not that they used your code, lots of us do- because you're generous with you're time and help. Its the fact that the idiot used it on a competitors site for a competitors product that just shows a total lack of respect for you. So i know that altho the code is a sore point, its ultimately the implementation of it and its final use that makes it just horribly ignorant. 

Sorry dude. If you need me to whip out the verbal or physical kung fu, I'm here for ya :)</description>
		<content:encoded><![CDATA[<p>Well isn&#8217; that lovely. Do you really need to go to the whole trouble of declaring a CC badge to get credit for your work? Its not that they used your code, lots of us do- because you&#8217;re generous with you&#8217;re time and help. Its the fact that the idiot used it on a competitors site for a competitors product that just shows a total lack of respect for you. So i know that altho the code is a sore point, its ultimately the implementation of it and its final use that makes it just horribly ignorant. </p>
<p>Sorry dude. If you need me to whip out the verbal or physical kung fu, I&#8217;m here for ya <img src='http://blog.madebyderek.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /></p>
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		<title>By: My 2 cent</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-70</link>
		<dc:creator>My 2 cent</dc:creator>
		<pubDate>Wed, 12 Oct 2005 17:51:01 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-70</guid>
		<description>Anyone who has read the 3rd party projector forums will notice that there seems to be quite a bit of back and forth.  The truth is that not everyone can be right. The other side of this of course is that  people are being less than honest. Thanks for pointing out a specific example. Maybe they should all duke it out.

P.S ('nother example)  It was stated recently on the MDM forums that NC had a sole employee ... apparently you don't exist.  (On a further note, they had a few people at their booth at FFWD NY a couple of years back)</description>
		<content:encoded><![CDATA[<p>Anyone who has read the 3rd party projector forums will notice that there seems to be quite a bit of back and forth.  The truth is that not everyone can be right. The other side of this of course is that  people are being less than honest. Thanks for pointing out a specific example. Maybe they should all duke it out.</p>
<p>P.S (&#8217;nother example)  It was stated recently on the MDM forums that NC had a sole employee &#8230; apparently you don&#8217;t exist.  (On a further note, they had a few people at their booth at FFWD NY a couple of years back)</p>
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		<title>By: Nathan Derksen</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-63</link>
		<dc:creator>Nathan Derksen</dc:creator>
		<pubDate>Tue, 11 Oct 2005 22:36:07 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-63</guid>
		<description>&#62;&#62; Your code is copyrighted as soon as it’s in a saved format. Because your code was in response to a question, there really isn’t much you can do.

Not true. The copyright protection of a work starts from the time it was first publicly published. Posting on a forum amounts to publishing, and is definitely protected by copyright.

One option is when you post to a forum, include in your standard footer the appropriate Creative Commons badge to represent how you intend to protect your work. The badge makes it clear what others can and can not do with the material. The badge can be obtained by going to http://creativecommons.org/license/ and specifying what protections that you wish to allow your code.</description>
		<content:encoded><![CDATA[<p>&gt;&gt; Your code is copyrighted as soon as it’s in a saved format. Because your code was in response to a question, there really isn’t much you can do.</p>
<p>Not true. The copyright protection of a work starts from the time it was first publicly published. Posting on a forum amounts to publishing, and is definitely protected by copyright.</p>
<p>One option is when you post to a forum, include in your standard footer the appropriate Creative Commons badge to represent how you intend to protect your work. The badge makes it clear what others can and can not do with the material. The badge can be obtained by going to <a href="http://creativecommons.org/license/" rel="nofollow">http://creativecommons.org/license/</a> and specifying what protections that you wish to allow your code.</p>
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		<title>By: grumpy</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-55</link>
		<dc:creator>grumpy</dc:creator>
		<pubDate>Tue, 11 Oct 2005 21:20:18 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-55</guid>
		<description>Jay Cherabi (FlashProjector) goes to great lengths to tell everyone how much better his company and software is and then he turns around and swipes code (that Derek wrote) from the northcode forums to use in one of his examples? Lazy or just incompetent? He could probably get away with claiming ignorance about where the code came from but the examples are so simple he HAS to be writing them himself, if not he should fire the example guy like yesterday and try the infinte number of monkeys thing.</description>
		<content:encoded><![CDATA[<p>Jay Cherabi (FlashProjector) goes to great lengths to tell everyone how much better his company and software is and then he turns around and swipes code (that Derek wrote) from the northcode forums to use in one of his examples? Lazy or just incompetent? He could probably get away with claiming ignorance about where the code came from but the examples are so simple he HAS to be writing them himself, if not he should fire the example guy like yesterday and try the infinte number of monkeys thing.</p>
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		<title>By: Derek Vadneau</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-53</link>
		<dc:creator>Derek Vadneau</dc:creator>
		<pubDate>Tue, 11 Oct 2005 21:19:26 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-53</guid>
		<description>It would be more believable that FP mistakenly used my code if I hadn't seen blatent copying from our site before.  FP doesn't have any other obvious code or text copied from our site, that I can see.

However, mProjector had EXACT text from our affiliates page for quite some time.  Once we posted about the copying, their affiliates page mysteriously disappeared.  Although, you can take a look at the WayBackMachine for evidence of their affiliates page text and our affiliates page text.  What you need to do is look at the sites going back to 2004, then keep going back to see that our page was there first.  They even left the wording in about using Order1, which we used, and they never did. &lt;a href="http://web.archive.org/web/20030414113942/http://www.northcode.com/northcode/affiliates.html" rel="nofollow"&gt;Us (2003)&lt;/a&gt; &lt;a href="http://web.archive.org/web/20040716024332/http://www.screentime.com/about/ab_aff.html" rel="nofollow"&gt;Them (2004)&lt;/a&gt;

Jugglor was also guilty of using text from our site, but at least they made it just different enough to be questionable.

I guess the problem is that each of these companies is in the same line of business, so to say they just happened to use the same text is just being naive.  Some text will be similar or even the same of course seeing as how we are using similar technologies.  But, unfortunately, that's not what I'm talking about here.

I also don't want to make the impression that everyone is copying from us and that no one else is capable of doing anything original.  It's just sad when blatent copying occurs because someone doesn't make the effort.

As for my code and FP, I'm not going to sue anyone or kick and fuss beyond this blog.  I don't want to waste anymore time on this.</description>
		<content:encoded><![CDATA[<p>It would be more believable that FP mistakenly used my code if I hadn&#8217;t seen blatent copying from our site before.  FP doesn&#8217;t have any other obvious code or text copied from our site, that I can see.</p>
<p>However, mProjector had EXACT text from our affiliates page for quite some time.  Once we posted about the copying, their affiliates page mysteriously disappeared.  Although, you can take a look at the WayBackMachine for evidence of their affiliates page text and our affiliates page text.  What you need to do is look at the sites going back to 2004, then keep going back to see that our page was there first.  They even left the wording in about using Order1, which we used, and they never did. <a href="http://web.archive.org/web/20030414113942/http://www.northcode.com/northcode/affiliates.html" rel="nofollow">Us (2003)</a> <a href="http://web.archive.org/web/20040716024332/http://www.screentime.com/about/ab_aff.html" rel="nofollow">Them (2004)</a></p>
<p>Jugglor was also guilty of using text from our site, but at least they made it just different enough to be questionable.</p>
<p>I guess the problem is that each of these companies is in the same line of business, so to say they just happened to use the same text is just being naive.  Some text will be similar or even the same of course seeing as how we are using similar technologies.  But, unfortunately, that&#8217;s not what I&#8217;m talking about here.</p>
<p>I also don&#8217;t want to make the impression that everyone is copying from us and that no one else is capable of doing anything original.  It&#8217;s just sad when blatent copying occurs because someone doesn&#8217;t make the effort.</p>
<p>As for my code and FP, I&#8217;m not going to sue anyone or kick and fuss beyond this blog.  I don&#8217;t want to waste anymore time on this.</p>
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		<title>By: Dek</title>
		<link>http://blog.madebyderek.com/archives/2005/10/11/i_guess_i_should_be_flattered/#comment-52</link>
		<dc:creator>Dek</dc:creator>
		<pubDate>Tue, 11 Oct 2005 21:08:26 +0000</pubDate>
		<guid isPermaLink="false">http://tracethis.com/?p=27#comment-52</guid>
		<description>Your code is copyrighted as soon as it's in a saved format. Because your code was in response to a question, there really isn't much you can do. It's posted, and it's available. You can protest, and tell them to cease and desist as they are trying to make money on your code but there's probably not too much beyond that that you can do. Good luck. :-(</description>
		<content:encoded><![CDATA[<p>Your code is copyrighted as soon as it&#8217;s in a saved format. Because your code was in response to a question, there really isn&#8217;t much you can do. It&#8217;s posted, and it&#8217;s available. You can protest, and tell them to cease and desist as they are trying to make money on your code but there&#8217;s probably not too much beyond that that you can do. Good luck. <img src='http://blog.madebyderek.com/wp-includes/images/smilies/icon_sad.gif' alt=':-(' class='wp-smiley' /></p>
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